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Article Index » cobra: 10 Most Recent Articles Report Link Domestic Partner's Right to Continued Health Coverage Under COBRA, Cal-COBRA and Analogous State Laws.Cooley Godward Kronish LLP. - August 14, 2009 It is increasingly common for employers, especially those based in California, to offer health benefits to domestic partners of their employees. In certain instances when access as an active employee to health benefits is lost (e.g., due to termination of employment for a reason other than "gross misconduct"), such former employees have a right under federal or state law to elect to continue health coverage for a period of time. However, whether an employee's domestic partner has a right to elect continued health coverage may depend on whether the employer plan providing the health coverage is subject to federal or state continuation coverage law. Domestic partners are not legally recognized for purposes of federal law due to the federal Defense of Marriage Act ("DOMA"), which provides that "‘marriage' means only a legal union between one man and one woman as husband and wife." However, recent guidance from the San Francisco Regional Office of the U.S. Department of Labor (the "DOL") indicates that an employee's domestic partner may be eligible for continued health coverage under COBRA in certain circumstances and that, as a result, the DOMA would not preclude such coverage. Report Link Appeals of COBRA Premium Assistance Denials to be Handled by New Services Provided by the Centers for Medicare and Medicaid Services.Ford & Harrison LLP - July 30, 2009 For expedited reviews of COBRA premium assistance denials, former federal and state workers can now use a new website and hotline launched by the Centers for Medicare and Medicaid Services ("CMS"). The American Recovery and Reinvestment Act of 2009 ("ARRA") provided for, among other things, an expedited review of the denial of benefits when an individual's former group health plan denies eligibility for COBRA premium assistance. Under the ARRA, the CMS processes all requests for review that are filed by federal government employees, employees of state and local governments, and individuals covered by state continuation coverage laws that apply to employers with fewer than 20 employees (also known as "mini-COBRA" programs). Last week, CMS launched a website, http://www.ContinuationCoverage.net, and a toll free hotline, 1-866-400-6689, that unemployed workers in these categories can use to request an expedited review of their former employer's denial of eligibility for COBRA premium assistance. Report Link IRS Issues Guidance Regarding Administration of the COBRA Subsidy.Ford & Harrison LLP - June 26, 2009 Now that the Department of Labor has issued several pieces of formal guidance aimed at assisting employers and insurance carriers to implement the COBRA subsidy rules introduced by the American Recovery and Reinvestment Act of 2009 ("ARRA"), the IRS has now issued additional guidance aimed at assisting employers in administering the COBRA subsidy. Report Link Michelle's Law Provides Extended Medical Coverage For Students.Ogletree Deakins - June 18, 2009 Michelle's Law provides that a group health plan that offers dependent coverage and conditions that coverage upon status as a full-time student may not terminate the dependent's coverage when the dependent ceases to meet the "full-time" criteria due to a "medically necessary leave of absence." This law is intended to protect parents of college students who lose "student status" due to illness from the financial burdens of COBRA. Report Link DOL Issues Guidance Regarding Procedure for Appealing Denial of COBRA Subsidy.Ford & Harrison LLP - May 28, 2009 On May 21, 2009, the Department of Labor (DOL) issued guidance detailing the procedures applicants for COBRA premium assistance, available under the American Recovery and Reinvestment Act of 2009 (ARRA), may use to appeal a denial of their eligibility for the premium subsidy. Report Link IRS COBRA Subsidy Guidance Published.Vedder Price - April 16, 2009 On April 1, the IRS published Notice 2009-27,
completing the primary round of regulatory
guidance regarding the COBRA subsidy provisions
that were part of the American Recovery and
Reinvestment Act of 2009 (“ARRA”). On April 2, the
DOL revised its Q&As regarding the model ARRA
COBRA notices that were published on March 19.
Vedder Price has previously published Employee
Benefi ts Briefi ngs regarding the COBRA provisions
of ARRA (February 17, 2009) and the DOL model
notices (March 25, 2009), both of which are
available at www.vedderprice.com. Report Link Stimulus Bill Includes Significant COBRA Changes For Employers.Ogletree Deakins - April 14, 2009 The sprawling stimulus legislation that may or may not jumpstart the U.S. economy has certainly jumpstarted employers' interest in coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). That's because the temporary federal COBRA subsidy for involuntarily terminated employees that is at the heart of the American Recovery and Reinvestment Act (ARRA) of 2009 represents the highest-profile expansion of the basic COBRA framework in its 23-year history. The subsidy took effect for monthly or other periods of COBRA coverage beginning after February 17, 2009. Report Link IRS Clarifies Key Provisions of the New COBRA Subsidy.Littler Mendelson, P.C. - April 09, 2009 The American Recovery and Reinvestment Act of 2009 (ARRA), signed into law by President Obama on February 17, 2009, provides a 65% COBRA subsidy for eligible employees (and their covered dependents) who lose group health plan coverage due to an involuntary termination of employment during the period September 1, 2008, through December 31, 2009. Report Link More Guidance Concerning the COBRA Subsidy.Fredrikson & Byron, P.A. - April 09, 2009 The IRS has issued additional guidance concerning the new COBRA subsidy in the form of Notice 2009-27, which can viewed on the IRS website (www.irs.gov). Report Link Amended COBRA Notices Must be Provided by April 18, 2009.Ford & Harrison LLP - April 09, 2009 This is a reminder that, in accordance with amendments made to COBRA by the 2009 American Recovery & Reinvestment Act ("ARRA"), COBRA Plan Administrators must provide amended COBRA notices to assistance eligible individuals on or before April 18, 2009.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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